Agmt00 RCN Telecom Services (now Astound)

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� � be less than fifteen (15) days in the case of the failure of the Grantee to pay any sum or other amount due the Grantor under this Agreement, and thirty (30) days in all other cases. If Grantee fails to demonstrate that a violation has not occurred, or to correct the violation within the time prescribed, or if Grantee fails to commence corrective action within the time prescribed and diligently remedy such violation thereafter, or if the violation is not correctable, the Grantee shall then be given written notice of not less than thirty (30) days of a public hearing to be held before the Council. Said notice shall specify the violations alleged to have occurred. (b) At the public hearing, the Council shall hear and consider all relevant evidence, and thereafter render written findings and its written decision. The hearing shall provide Grantee with the full opportunity to participate and present evidence. (c) In the event the Council finds that no material violation exists, or that Grantee has corrected the violations, or has diligently commenced correction of such violation after notice thereof from Grantor and is diligently proceeding to fully remedy such violation, the proceedings shall terminate and no penalty or other sanction shall be imposed. In determining whether a violation is material, Grantor shall take into consideration the reliability of the evidence of the violation, the nature of the violation and the damage (if any), caused to the Grantor thereby, whether the violation was chronic, and any aggravating or mitigating circumstances and such other matters as the Grantor may deem appropriate. In the event a proceeding is terminated, and Grantor subsequently finds that the violation has not been corrected, Grantor may, without prejudice, reinstate the proceeding pursuant to (a) and (b) above. 19 sh/RWC/Council AGMT-382 FXS/fs 08/02/00